Connecticut Small Estate Affidavit

Introduction

Key Things to Know

1. 1

   A small estate affidavit is a sworn statement that lets a person entitled to a decedent's property collect it without opening a full probate estate, when the Connecticut estate is small enough to qualify.

2. 2

   The procedure is available only when the aggregate value of the decedent's solely owned tangible and intangible personal property, excluding property that passes outside probate by operation of law, does not exceed $40,000 (Connecticut General Statutes Section 45a-273).

3. 3

   It is available only when the decedent had no solely owned real property in Connecticut at the time of death; solely owned real property disqualifies the small estate settlement.

4. 4

   Connecticut sets no fixed number of days after death before the affidavit may be filed, so there is no California-style 40-day wait to begin (Connecticut General Statutes Section 45a-273).

5. 5

   The affidavit is filed with the Probate Court in the district where the decedent resided, and the court issues a decree directing transfer of the assets; it is not handed directly to the bank by the applicant.

6. 6

   The court will not issue its decree until 30 days after it notifies the Department of Administrative Services when the decedent received aid or care from the state (Connecticut General Statutes Section 45a-273).

7. 7

   The affidavit is signed under penalty of false statement and is filed on Form PC-212, Affidavit in Lieu of Administration of Estate.

Connecticut Requirements for Small Estate Affidavit

• $40,000 Personal Property Limit

  The small estate settlement is available only when the aggregate value of the decedent's solely owned tangible and intangible personal property, excluding property that passes outside probate by operation of law, does not exceed $40,000 (Connecticut General Statutes Section 45a-273).

• No Solely Owned Real Property

  The procedure is available only when the decedent had no solely owned real property in Connecticut at the time of death (Connecticut General Statutes Section 45a-273). Solely owned real property disqualifies the small estate settlement and requires a full estate.

• No Fixed Post-Death Waiting Period

  Connecticut sets no fixed number of days after death before the affidavit may be filed (Connecticut General Statutes Section 45a-273). The only timing rule is that the Probate Court will not issue its decree until 30 days after notice to the Department of Administrative Services when the decedent received state aid.

• Filed With the Probate Court

  The affidavit is filed with the Probate Court in the district where the decedent resided, and the court issues a decree directing transfer of the assets (Connecticut General Statutes Section 45a-273). It is not handed directly to the bank by the applicant.

• Use Form PC-212

  The Connecticut Probate Courts publish the affidavit as Form PC-212, Affidavit in Lieu of Administration of Estate. A certified copy of the death certificate is filed with the affidavit.

• Who May File

  The decedent's surviving spouse may file; if none, any of the decedent's next of kin; and if none or they refuse, any person whom the court deems to have a sufficient interest in the estate (Connecticut General Statutes Section 45a-273).

• State Aid Notice Delays the Decree

  When the decedent received aid or care from the state, the Probate Court will not issue its decree until 30 days after a copy of the affidavit is sent to the Department of Administrative Services (Connecticut General Statutes Section 45a-273).

• Signed Under Penalty of False Statement

  The affidavit is signed under penalty of false statement (Connecticut General Statutes Section 45a-273), so a false statement about the estate value, the absence of solely owned real property, or the applicant's interest carries legal consequences. Do not sign if the facts are uncertain.